MOSAMMAT MONOWARA BEGUM Vs. SYED ASHRAFUDDIN

JUDGEMENT

(1.) This appeal arises from Civil Order No. 177 of 1984 disposed of by a Bench of the High Court Division, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin Hossain) on 2nd September 1984.

(2.) Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant's case, inter alia, is that property "ka" Schedule land belonged to one Abdul Malek who sold it to Jahanara Begum, predecessor-in-interest of defendant-respondent Nos. 3-13 and respondent Nos. 14-15 in equal shares. Jahanara Begum and respondent Nos. 14 and 15 amicably partitioned 195 sahasrangsha out of suit plot Nos. 874 and 875 in three equal parts and Jahanara Begum got '065 sahasrangsha from extreme northern portion and the remaining portion was received by respondent Nos.14 and 15 keeping the land of suit plot No.873 ejmali along with other jointly purchased land. Jahanara Begum constructed pucca wall on three sides of her portion and while she had been possessing the suit land peacefully she transferred .065 lands to the appellant by a registered kabala for Tk. 50,000/- on 29th April 1981.

(3.) Since the purchase the appellant has been possessing the suit land through her tenant after raising dwelling hut and other structures thereon and has mutated her name. She has been paying rents and taxes for the suit land.